Notice of Opposition Opposer Information Applicant Information

Home , Chevy Woods, Exhibit C, King Chip, Sir Michael Rocks

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA908449 Filing date: 07/10/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition

Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information

Name EPOD America Entity LLC Citizenship Delaware Address 8455 Beverly Blvd., Suite 402 Los Angeles, CA 90048 UNITED STATES

Attorney informa- David Martinez tion Robins Kaplan LLP 2049 Century Park East Suite 3400 Los Angeles, CA 90067 UNITED STATES Email: [email protected], [email protected], lcastigli- [email protected] Phone: 3105520130 Applicant Information

Application No 87790182 Publication date 07/10/2018 Opposition Filing 07/10/2018 Opposition Peri- 08/09/2018 Date od Ends Applicant Caldwell, Eddie 1507 e 53rd St, #689 Chicago, IL 60615 UNITED STATES Goods/Services Affected by Opposition

Class 025. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Shirts and short-sleeved shirts; Athletic shirts; Graphic T-shirts; Headwear, namely, hats, baseball caps, skull caps; Hooded sweat shirts Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d) Marks Cited by Opposer as Basis for Opposition

U.S. Registration 3972067 Application Date 01/19/2009 No. Registration Date 05/31/2011 Foreign Priority NONE Date Word Mark AUDACITY OF DOPE Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2009/04/01 First Use In Commerce: 2010/02/08 SHIRTS

U.S. Registration 4075682 Application Date 03/05/2010 No. Registration Date 12/27/2011 Foreign Priority NONE Date Word Mark DOPE COUTURE Design Mark

Description of The mark consists of the word "DOPE" with the letter "D" that overlaps the letter Mark "O", with the word "COUTURE" directlyunder the word "DOPE", all in uppercase. Goods/Services Class 025. First use: First Use: 2008/01/01 First Use In Commerce: 2008/01/01 men's and women's shirts, jackets, coats, wind resistant jackets, shorts, and headwear

U.S. Registration 4264389 Application Date 05/10/2012 No. Registration Date 12/25/2012 Foreign Priority NONE Date Word Mark DOPEST Design Mark

Description of The mark consists of a cartoon character wearing a hat with the stylized text Mark "Dopest". Goods/Services Class 025. First use: First Use: 2012/01/01 First Use In Commerce: 2012/02/01 Hats; Pants; Sweatshirts; Swimwear; T-shirts; Tank tops

U.S. Registration 4338806 Application Date 10/25/2012 No. Registration Date 05/21/2013 Foreign Priority NONE Date Word Mark DOPE Design Mark

Description of NONE Mark Goods/Services Class 028. First use: First Use: 2008/10/00 First Use In Commerce: 2008/10/00 Skateboard decks; Skateboards

U.S. Registration 4387143 Application Date 11/13/2012 No. Registration Date 08/20/2013 Foreign Priority NONE Date Word Mark DOPE Design Mark

Description of NONE Mark Goods/Services Class 014. First use: First Use: 2009/12/10 First Use In Commerce: 2009/12/10 Body jewelry; Jewelry; Necklaces; Rings

U.S. Registration 4403067 Application Date 02/05/2013 No. Registration Date 09/17/2013 Foreign Priority NONE Date Word Mark DOPE Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2007/07/27 First Use In Commerce: 2007/07/27 Hats

U.S. Registration 4414043 Application Date 02/11/2013 No. Registration Date 10/08/2013 Foreign Priority NONE Date Word Mark DOPE Design Mark Description of NONE Mark Goods/Services Class 041. First use: First Use: 2012/09/00 First Use In Commerce: 2012/09/00 On-line journals, namely, blogs featuring articles, commentary, pictures, and reviews covering various subjects including music, fashion, urban lifestyle, celebrities, technology, social events, news, travel, jewelry, interior design, fashion designers, photography, fashions models, cars, finance, company announcements, and new clothing and product releases; Providing a website featuring blogs and non-downloadable publications in the nature of articles, audio- visual content,and blog entries in the field(s) of articles, commentary, pictures, and reviewscovering various subjects including music, fashion, urban lifestyle, celebrities, technology, social events, news, travel, jewelry, interior design, fashion designers, photography, fashions models, cars, finance, company announcements, andnew clothing and product releases

U.S. Registration 4414044 Application Date 02/11/2013 No. Registration Date 10/08/2013 Foreign Priority NONE Date Word Mark DOPE COUTURE Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2008/01/01 First Use In Commerce: 2008/01/01 Hats; Shirts

U.S. Registration 4442533 Application Date 11/06/2012 No. Registration Date 12/03/2013 Foreign Priority NONE Date Word Mark DOPE Design Mark

Description of The mark consists of the wording DOPE in stylized font and all capital let- Mark ters,with the letter D overlapping with the letter O. Goods/Services Class 025. First use: First Use: 2008/12/00 First Use In Commerce: 2008/12/00 Coats; Coats for men and women; Headwear; Jackets; Shirts; Shorts; Wind resistant jackets

U.S. Registration 4529585 Application Date 10/07/2013 No. Registration Date 05/13/2014 Foreign Priority NONE Date Word Mark DOPE Design Mark

Description of NONE Mark Goods/Services Class 035. First use: First Use: 2009/03/06 First Use In Commerce: 2009/03/06 On-line retail store services featuringt-shirts, fleece apparel, headwear, hats, watches, jewelry, books, magazines, home goods, electronic accessories, buttons, pins, novelty goods, vintage clothing, backpacks, bags; Retail store services featuring t-shirts, fleece apparel, headwear, hats, watches, jewelry, books, magazines, home goods, electronic accessories, buttons, pins, novelty goods, vintage clothing, backpacks, bags

U.S. Registration 4547955 Application Date 07/19/2011 No. Registration Date 06/10/2014 Foreign Priority NONE Date Word Mark DOPE Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2008/12/00 First Use In Commerce: 2008/12/00 Coats for men and women; Headwear; Jackets; Shirts; Shorts; Wind resistant jackets

U.S. Registration 4595333 Application Date 05/13/2013 No. Registration Date 09/02/2014 Foreign Priority NONE Date Word Mark DOPEST Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2009/07/15 First Use In Commerce: 2010/01/01 Hats; Jackets; Pants; Shirts; Shoes; Shorts; Sweaters

U.S. Registration 4651455 Application Date 09/30/2013 No. Registration Date 12/09/2014 Foreign Priority NONE Date Word Mark DOPE HOMME Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2013/08/01 First Use In Commerce: 2013/08/01 Headwear; Jackets; Leather jackets; Leather shirts; Shirts; Shorts

U.S. Registration 4918788 Application Date 05/28/2014 No. Registration Date 03/15/2016 Foreign Priority NONE Date Word Mark DOPE Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2008/12/00 First Use In Commerce: 2008/12/00 Athletic apparel, namely, pants; Boxer shorts; Crew neck sweaters; Gym suits; Jogging suits; Socks; Sweaters; Swim trunks; Swim wear for gentlemen; V-neck sweaters; Women's clothing, namely, shirts, skirts

U.S. Registration 5222323 Application Date 11/01/2016 No. Registration Date 06/13/2017 Foreign Priority NONE Date Word Mark DOPE SPORT Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2016/08/15 First Use In Commerce: 2016/08/15 Hats; Sweatpants; Sweatshirts; Wind resistant jackets

U.S. Registration 5222324 Application Date 11/01/2016 No. Registration Date 06/13/2017 Foreign Priority NONE Date Word Mark DOPE DENIM Design Mark Description of The mark consists of the words "Dope Denim" in stylized cursive writing with the Mark first letter of each word in upper-case and the remaining letters in lower-case. Goods/Services Class 025. First use: First Use: 2016/08/15 First Use In Commerce: 2016/08/15 Denim jackets; Denims; Hats; Sweatshirts; all of the foregoing comprised in whole or in part of denim

Attachments 77652171#TMSN.png( bytes ) 77951263#TMSN.png( bytes ) 85621895#TMSN.png( bytes ) 85763811#TMSN.png( bytes ) 85777601#TMSN.png( bytes ) 85841683#TMSN.png( bytes ) 85846862#TMSN.png( bytes ) 85846891#TMSN.png( bytes ) 85773190#TMSN.png( bytes ) 86083846#TMSN.png( bytes ) 85375315#TMSN.png( bytes ) 85930325#TMSN.png( bytes ) 86077864#TMSN.png( bytes ) 86293042#TMSN.png( bytes ) 87222632#TMSN.png( bytes ) 87222671#TMSN.png( bytes ) DOPEFLY Opposition.pdf(149733 bytes ) DM Letters of Protest - Index of Evidence.pdf(8882 bytes ) Exhibit A to LOP.pdf(128835 bytes ) Exhibit B to LOP.pdf(2729364 bytes ) Exhibit C to LOP.pdf(3542239 bytes )

Signature /Alejandro Castro/ Name Alejandro Castro Date 07/10/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In the Matter of Application Serial No.: 87790182 Filed on: February 8, 2018 For the Mark: DOPEFLY

EPOD America, LLC dba Dope Opposition No. and Dope Couture, Delaware limited liability company,

Opposer, v.

Eddie Caldwell,

Applicant.

NOTICE OF OPPOSITION

EPOD America, LLC (“Opposer”), a limited liability company organized and existing under the laws of the State of Delaware, having an address at 8455 Beverly Blvd., Suite 402, Los Angeles, California, believes it will be damaged by the registration of the mark DOPEFLY, Application Ser. No. 87790182, published in the Official Gazette on July 10, 2018 and currently pending registration in the name of Eddie Caldwell (“Applicant”), an individual having an address at 1507 E 53rd Street, #689, Chicago, Illinois 60615. As grounds for this Opposition, Opposer, by its attorneys Robins Kaplan LLP, alleges as follows: BACKGROUND 1. Opposer is a widely recognized designer and retailer of contemporary and high end street-wear fashion, including, but not limited to,

1 61464321.1 men’s, women’s and/or children’s shirts, jackets, coats, shorts, hats, pants, swimwear, sweaters and other apparel and accessories. 2. Opposer and its predecessor, have been in the business of designing and selling contemporary and high end street-wear fashion since at least July 2007 and has emerged as a global power in the industry, including worldwide sales and distribution. 3. Opposer has obtained several United States registrations for its marks, including, but not limited to: a. AUDACITY OF DOPE, Reg. No. 3972067 for “Shirts” in International Class 25; first use in commerce on February 8, 2010; b. DOPE COUTURE and , Reg. No. 4075682 for “men’s and women’s shirts, jackets, coats, wind resistant jackets, shorts, and headwear” in International Class 25; first use in commerce on January 1, 2008; c. DOPEST and , Reg. No. 4264389 for “Hats; Pants; Sweatshirts; Swimwear; T-shirts; Tank tops” in International Class 25; first use in commerce on February 1, 2012; d. DOPE, Reg. No. 4338806 for “Skateboard decks; Skateboards” in International Class 28; first use in commerce on October, 2008; e. DOPE, Reg. No. 4387143 for “Body jewelry; Jewelry; Necklaces; Rings” in International Class 14; first use in commerce on December 10, 2009; f. DOPE, Reg. No. 4403067 for “Hats” in International Class

25; first use in commerce on July 27, 2007; g. DOPE, Reg. No. 4414043 for “On-line journals, namely, blogs featuring articles, commentary, pictures, and reviews covering

2 61464321.1 various subjects including music, fashion, urban lifestyle, celebrities, technology, social events, news, travel, jewelry, interior design, fashion designers, photography, fashions models, cars, finance, company announcements, and new clothing and product releases; Providing a website featuring blogs and non-downloadable publications in the nature of articles, audio-visual content, and blog entries in the field(s) of articles, commentary, pictures, and reviews covering various subjects including music, fashion, urban lifestyle, celebrities, technology, social events, news, travel, jewelry, interior design, fashion designers, photography, fashions models, cars, finance, company announcements, and new clothing and product releases” in International Class 41; first use in commerce on September, 2012; h. DOPE COUTURE, Reg. No. 4414044 for “Hats; Shirts” in International Class 25; first use in commerce on January 1, 2008; i. DOPE and , Reg. No. 4442533 for “Coats, Coats for men and women; Headwear; Jackets; Shirts; Shorts; Wind resistant jackets” in International Class 25; first use in commerce on December 2008; j. DOPE, Reg. No. 4529585 for “On-line retail store services featuring t-shirts, fleece apparel, headwear, hats, watches, jewelry, books, magazines, home goods, electronic accessories, buttons, pins, novelty goods, vintage clothing, backpacks, bags; Retail store services featuring t-shirts, fleece apparel, headwear, hats, watches, jewelry, books, magazines, home goods, electronic accessories, buttons, pins,

novelty goods, vintage clothing, backpacks, bags” in International Class 35; first use in commerce on March 6, 2009; k. DOPE, Reg. No. 4547955 for “Coats for men and women;

3 61464321.1 Headwear; Jackets; Shirts; Shorts; Wind resistant jackets” in International Class 25; first use in commerce on December 2008; l. DOPEST, Reg. No. 4595333 for “Hats; Jackets; Pants; Shirts; Shoes; Shorts; Sweaters” in International Class 25; first use in commerce on January 1, 2010; m. DOPE HOMME, Reg. No. 4651455 for “Headwear; Jackets; Leather jackets; Leather shirts; Shirts; Shorts” in International Class 25; first use in commerce on August 1, 2013; n. DOPE, Reg. No. 4918788 for “Athletic apparel, namely, pants; Boxer shorts; Crew neck sweaters; Gym suits; Jogging suits; Socks; Sweaters; Swim trunks; Swim wear for gentlemen; V-neck sweaters; Women's clothing, namely, shirts, skirts” in International Class 25; first use in commerce on December, 2008; o. DOPE SPORT, Reg. No. 5222323 for “Hats; Sweatpants; Sweatshirts; Wind Resistant Jackets” in International Class 25; first use in commerce on August, 2016; and p. DOPE DENIM, and Reg. No. 5222324 for “Denim Jackets; Denims; Hats; Sweatshirts” in International Class 25; first use in commerce on August, 2016. 4. In addition, Opposer owns three Section 1(b) U.S. Trademark Applications allowed by the USPTO, as follows: a. DOPE, Serial No. 86660147 for “Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Electric

cigarettes; Electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic cigars; Electronic hookahs; Electronic smoking pipes; Electronic cigarette liquid (e-liquid) comprised

4 61464321.1 of flavorings in liquid form used to refill electronic cigarette cartridges” in International Class 34. b. DOPE, Serial No. 86660157 for “Smokers’ articles, namely, smoking pipes in the nature of glass pipes, water pipes, water bongs, water bubblers, steam rollers, glass hookah pipes, dugouts, bongs, beakers, rigs and straight tubes; Smoking pipe structural parts, namely, pipe screens, ash catchers, converters, adapters, stems and bowls; Smokeless cigarette vaporizer pipe; Smokeless cigar vaporizer pipes; Electronic smoking pipes and titanium nails for use with tobacco products” in International Class 34. c. DOPE, Serial No. 86980958 for “Ashtrays; cigarette papers, cigarette rolling papers and cigarette filters; tobacco tins; smoking tips, namely, tobacco filters; paper smoking tips, namely, filter tips; books of cigarette papers and cigarette rolling papers; books of cigarette papers and cigarette rolling papers with filter tips; apparatus for rolling cigarettes, namely, cigarette rolling machines; apparatus for filling cigarettes, namely, hand-held machines for injecting tobacco into cigarette tubes; cigarette boxes; cigarette lighters; cigarette paper tubes; cigarette paper tubes with filters; matches; safety matches; matchboxes; tobacco pouches; tobacco boxes; cigarette paper tubes incorporating filter tips; tapers, namely, a strip of wood used for lighting cigars, cigarettes, and pipes; and tobacco grinders” in International Class 34. The foregoing marks are collectively referred to as the “DOPE Marks.” See Exhibit A.

5. Opposer uses the DOPE Marks as a source identifier for a variety of goods on a nation-wide basis, including through its on-line retail store outlet located at www.dope.com (“DOPE Website”), and a physical retail store

5 61464321.1 located at 454 N. Fairfax Avenue, Los Angeles, California (“DOPE Store”). 6. In addition, Opposer has a national distribution network through numerous national retailers that sell a wide variety of high quality apparel and accessories bearing the DOPE Marks, including the following: a. The Buckle b. Sheik c. Macy’s d. Hibbett Sports e. Villa f. Zumiez g. Tillys h. Foot Action 7. Additionally, Opposer operates a blog located at www.dope.com/blogs/dope (“DOPE Blog”), a Facebook page located at www.facebook.com/dope?_rdr=p, a Twitter page located at www.twitter.com/dope, and an Instagram page located at www.instagram.com/dope/ (collectively “DOPE Social Media Sites”), all of which feature on-line journals and blogs featuring articles, commentary, pictures, and reviews covering various subjects, including, music, fashion, urban lifestyle, celebrities, technology, social events, news, travel, jewelry, interior design, fashion designers, photography, fashion models, cars, finance, company announcements and new clothing and product releases. 8. Since adopting the DOPE Marks, Opposer has continuously promoted and used the marks throughout the United States in interstate commerce, and has expended considerable sums in exerting every effort to maintain and develop the DOPE Marks. As such, Opposer has created substantial and extremely valuable goodwill among the purchasing public

6 61464321.1 under the DOPE Marks. As a result of Opposer’s continuous and extensive use of the DOPE Marks, the DOPE Marks have become and continue to function as Opposer’s core business and marketing asset, and serve to indicate to the trade and consuming public the products and services originating from Opposer. 9. Opposer’s ongoing investment and effort to develop its intellectual property in the DOPE Marks since 2007 has resulted in widespread world-wide recognition of the DOPE Marks. The DOPE Website and the DOPE Social Media Sites, which feature the DOPE Marks, are widely known and recognized in the United States, in particular by consumers of street-wear fashion, apparel and accessories. This tremendous organic growth recognition reflects Opposer’s substantial effort and expense in promoting the DOPE Marks. See, e.g., Exhibits B-C. 10. Opposer’s world-wide recognition has also been fueled by its popularity with music recording artists. Indeed, numerous world-renown artists have appeared in music videos, concerts and various public events wearing fashion bearing the DOPE Marks, including the following industry giants: a. Eminem b. Diddy c. Ludacris d. Justin Bieber e. Lupe Fiasco f. Jay Z g. Miley Cyrus

h. The Game i. 2Chainz j. Idris Elba

7 61464321.1 k. Mike Will Made It l. Wale m. Wiz Khalifa n. Sir Michael Rocks o. Chris Brown p. Waka Flocka Flame q. Trinidad James r. Sean Kingston s. Juvenile t. Kid Cudi u. Ben Baller v. Chevy Woods w. Ab Soul x. Kendrick Lamar y. Mac Miller z. Kelly Rowland aa. Lil Twist bb. Kid Ink cc. Big Sean dd. Freddie Gibbs ee. Laidback Luke ff. Mick Boogie gg. Doug Benson hh. Soulja Boy

ii. Schoolboy Q jj. TiRon & Ayomari kk. Jeremih

8 61464321.1 ll. Donnis mm. Curren$y nn. Jamal Edwards oo. Tyga pp. Alchemist qq. CyHi The Prince rr. King Chip ss. Big Krit tt. Fabolous 11. By wearing Opposer’s fashion in public performances and appearances, these artists have connected Opposer with their extensive fan bases across the world, bringing further world-wide fame and notoriety to Opposer and the DOPE Marks. Opposer has also enjoyed a tremendous fan base within the Los Angeles hip hop and street-wear scene, and was the recipient of the prestigious CitySearch Award for Best Men’s clothing boutique in Los Angeles in December, 2012. 12. Through such extensive use, advertising, marketing and promotion of the DOPE Marks, Opposer has built up, at great expense and effort, a valuable reputation and goodwill symbolized by its strong and distinctive marks. By reason of the adoption and continuous use of the DOPE Marks in U.S. interstate commerce, Opposer has established valuable public recognition in the DOPE Marks as identifying Opposer as a trusted source of high quality street-wear fashion, apparel, accessories, and as the provider of online journals and blogs.

13. Opposer has aggressively protected its trademark rights in the DOPE Marks through numerous successful lawsuits, including, for example: a. Third Estate LLC v. Cornerman Productions LLC, filed on May

9 61464321.1 1, 2013 in the United States District Court for the Central District of California, Case No. 2:13-cv-03074-SVW, alleging claims under the Lanham Act for trademark infringement, counterfeiting, and trademark dilution, common law and statutory claims for trade name infringement, common law and statutory claims for unfair competition, and statutory claims for trademark dilution; b. Third Estate LLC v. Y.M., Inc., filed on August 30, 2013 in the United States District Court for the Central District of California, Case No. 2:13-cv-06408-CAS, alleging claims under the Lanham Act for trademark infringement, counterfeiting, and trademark dilution, common law and statutory claims for trade name infringement, common law and statutory claims for unfair competition, and statutory claims for trademark dilution; c. Third Estate LLC v. Dope.Boy.Magic LLC, filed on December 19, 2013 in the United States District Court for the Central District of California, Case No. 2:13-cv-09357-DDP, alleging claims under the Lanham Act for trademark infringement, false designation of origin, and trademark dilution, common law and statutory claims for trade name infringement, common law and statutory claims for unfair competition, and statutory claims for trademark dilution; d. Third Estate LLC v. Paislee Ltd., et al., filed on December 20, 2013 in the United States District Court for the Central District of California, Case No. 2:13-cv-09380-FMO, alleging claims under the Lanham Act for trademark infringement, counterfeiting, false

designation of origin, and trademark dilution, common law and statutory claims for trade name infringement, common law and statutory claims for unfair competition, and statutory claims for trademark

10 61464321.1 dilution; e. Third Estate LLC v. Dopest, filed on April 30, 2014 in the United States District Court for the Central District of California, Case No. 2:14-cv-03354-PA, alleging claims under the Lanham Act for trademark infringement, false designation of origin, and trademark dilution, common law and statutory claims for trade name infringement, common law and statutory claims for unfair competition, and statutory claims for trademark dilution; f. Third Estate LLC v. Cultevation, Ltd., et al., filed on July 1, 2014 in the United States District Court for the Central District of California, Case No. 2:14-cv-05125-MWF, alleging claims under the Lanham Act for trademark infringement, false designation of origin, and trademark dilution, common law and statutory claims for trade name infringement, common law and statutory claims for unfair competition, and statutory claims for trademark dilution; g. Third Estate LLC v. Axcez Trading AB, et al., filed on July 22, 2015 in the United States District Court for the Central District of California, Case No. 2:15-cv-05572-FMO, alleging claims under the Lanham Act for trademark infringement, false designation of origin, and trademark dilution, common law and statutory claims for trade name infringement, common law and statutory claims for unfair competition, and statutory claims for trademark dilution; h. Third Estate LLC v. Beasty, LLC, et al., filed on March 14, 2018 in the United States District Court for the Central District of

California, Case No. 2:18-cv-02143-JAK, alleging claims under the Lanham Act for trademark infringement, false designation of origin, and trademark dilution, common law and statutory claims for trade name

11 61464321.1 infringement, common law and statutory claims for unfair competition, and statutory claims for trademark dilution. 14. Opposer has also aggressively protected its trademark rights in the DOPE Marks through numerous opposition and cancellation proceedings, including, including the following by way of example: a. Opposition No. 91222122 in connection with Application Ser. No. 86289816 for DOPE & DAPPER filed on May 22, 2014 for “Hats; Jackets; Pants; Shirts; Shorts; Sweaters” in International Class 25; b. Opposition No. 91207672 in connection with Application Ser. No. 85531305 for DOPE LIFE filed on February 4, 2012 for “Hats; Shirts; Sweatshirts; T-shirts” in International Class 25; c. Opposition No. 91236444 in connection with Application Ser. No. 87147756 for DOPE BEACH filed on August 23, 2016 for “Swimwear” in International Class 25; d. Opposition No. 91223762 in connection with Application Ser. No. 86560768 for DOPE ENT filed on MARCH 11, 2015 for “Entertainment services in the nature of presenting live musical performances” in International Class 41; e. Opposition No. 91223763 in connection with Application Ser. No. 86569993 for DOPE ENTERTAINMENT filed on March 19, 2015 for “Entertainment services in the nature of presenting live musical performances” in International Class 41; f. Cancellation No. 92056458 in connection with Reg. No. 4096265 for MOST DOPE registered on February 27, 2012 for “Clothing,

namely, shirts, t-shirts, sweatshirts” in International Class 25, claiming a date of first use in commerce of 2010; g. Cancellation No. 92056455 in connection with Reg. No.

12 61464321.1 3699337 for DOPE BOY FRESH registered on October 20, 2009 for “Athletic footwear; Baseball caps; Belts; Boots; Boxer briefs; Boxer shorts; Cargo pants; Coats; Coats for men and women; Down jackets; Fleece pullovers; Flip flops; Footwear; Footwear for men and women; Gloves; Hats; Head sweatbands; Head wear; Headbands; Heavy jackets; Hoods; Jackets; Jeans; Jerseys; Jogging pants; Jogging suits; Knit shirts; Men and women jackets, coats, trousers, vests; Men’s socks; Pants; Pique shirts; Polo shirts; Pullovers; Running shoes; Shirts; Shoes; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Shorts; Skull caps; Skullies; Slacks; Sleeved or sleeveless jackets; Sleeveless jerseys; Sneakers; Socks; Sport coats; Sport shirts; Sport jackets; Sports jerseys; Sports shirts; Suits; Sweat pants; Sweat shirts; Sweat shorts; Sweat suits; Sweaters; Sweatsocks; T-shirts; Tank tops; Tennis shoes; Tennis wear; Ties; Tops; Track pants; Track suits; Vests; Waterpoof jackets and pants; Wind coats; Wind-jackets; Writs bands” in International Class 25, claiming a date of first use in commerce of April 30, 2009; h. Cancellation No. 92056454 in connection with Reg. No. 3896689 for DOPE STATIK registered on December 28, 2010 for “Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms” in International Class 25, claiming a date of first use in commerce of August 11, 2008; i. Cancellation No. 92059116 in connection with Reg. No. 4344554 for DOPE GIRL registered on May 28, 2013 for “Clothing, namely, shirts, long-sleeved shirts, T-shirts, under shirts, polo shirts,

cardigans, jerseys, bottoms, shorts, boxer shorts, tops, stretch tops, croptops, tank tops, tankinis, sweat shirts, hooded sweat shirts, seat jackets, sweat shorts, sweat pants, vests, pullovers, jackets, sports jackets,

13 61464321.1 turtlenecks, swimwear, beachwear, caps, hats” in International Class 25, claiming a date of first use in commerce of December 1, 2012; j. Cancellation No. 92065996 in connection with Reg. No. 4754288 for I’M SO DOPE registered on June 16, 2015 for “Clothing, namely, pajamas, dresses, rompers, skirts, pants, shorts, skorts, t-shirts, tank tops, shirts, tube tops, cardigans, sweaters, hooded sweatshirts and zip-ups, camis, leggings, pants, pull over sweaters, underwear, boxers, briefs, capris, bermuda shorts, yoga pants, sweatpants, boots, heels, sandals, flip flops, blouses, button up shirts, gloves, jackets, coats, socks, bras, and scarfs” in International Class 25, claiming a date of first use in commerce of February 1, 2014; and k. Cancellation No. 92065966 in connection with Reg. No. 4969604 for DOPE DIGITS registered on May 31, 2016 for “Gloves; Gloves as clothing; Gloves for apparel; Gloves including those made of skin, hide or fur; Knitted gloves; Outdoor gloves; Ski gloves; Snowboard gloves” in International Class 25, claiming a date of first use in commerce of February 28, 2016. 15. The USPTO has also refused or provisionally refused registration of other similar marks based on a likelihood of confusion with certain of the DOPE Marks, including, for example: a. DOPE, Application Ser. No. 85926376 for “Clothing, namely, tops, bottoms; headwear, footwear; shirts, hoodies hooded sweatshirts, jersey shirts; vests; sweaters; suspenders; belts; collars; underwear; clothing; sweat absorbent underwear; clothing apparel,

namely, outwear jackets; jackets; headbands; clothing of imitations of leather, namely, tops, bottoms, jackets, pants; clothing of leather, namely, tops, bottoms, jackets, pants; t-shirts; camisoles; hats; caps; shirts; socks;

14 61464321.1 beachwear; gloves; sports headgear, namely, headwear, hats, cap; pants; jeans; tights; shorts; swimwear; shorts; footwear for use in snowboarding and skiing; sports and leisure shoes and boots” in International Class 25, among other classes; b. I’M DOPE, Application Ser. No. 86600324 for “Gloves; Hats; Scarves; Shirts” in International Class 25; c. DOPE DOLLS, Application Ser. No. 86207942 for “Clothing, namely hats, sweatshirts and t-shirts” in International Class 25; d. DOPE TOPS, Application Ser. No. 85922070 for “Beanies; Crew necks; Sweaters; Sweatshirts; T-shirts; Tank tops” in International Class 25; e. THE DOPE MARKET, Application Ser. No. 87725503 for “On-line journals, namely, blogs featuring health, wellness, travel, food, culture, news, fashion, personal development, business development, and entertainment; providing entertainment information via a website; Providing a website featuring blogs and non-downloadable publications in the nature of written articles, books, brochures, magazines, and written commentary articles in the field(s) of health, wellness, travel, food, culture, news, fashion, personal development, business development, and entertainment”; f. DOPE, Application Ser. No. 87725961 for “Hoodies; Jackets; Pants; Pullovers; Shirts; Sweatshirts; Baseball caps and hats”; and g. DOPE’N VAPES, Application Ser. No. 87374892 for

“Clothing, namely, shirts, t-shirts, tank tops, tops, hats, beanies, caps, socks, sweat pants, sweatshirts”. 16. Opposer’s registered DOPE Marks span a wide range of

15 61464321.1 International Classes including 14, 25, 28, 35 and 41. Notably, DOPE owns twelve registered trademarks within International Class 25. Applicant’s mark is in International Class 25 and seeks protection for “Shirts and short-sleeved shirts; Athletic shirts; Graphic T-shirts; Headwear, namely, hats, baseball caps, skull caps; Hooded sweat shirts.” Count I: Likelihood of Confusion 17. Opposer hereby incorporates by reference the allegations in Paragraphs 1 through 16 above as if fully set forth herein. 18. Applicant’s Mark is highly similar in appearance and commercial impression to the DOPE Marks. 19. Opposer’s rights in the DOPE Marks are prior and superior to any rights that Applicant may claim in Applicant’s Mark. 20. Use and registration of Applicant’s Mark in connection with the specified goods and services is likely to cause confusion, cause mistake or deceive consumers, and cause them to believe that the goods and services offered by Applicant emanates from, or are sponsored by, endorsed by or otherwise connected with Opposer, in violation of Section 2(d) of the Lanham Act, 15 U.S.C.A. § 1052(d). 21. Opposer will be damaged by the registration of Applicant’s Mark by reason of the foregoing, and because such registration will support and assist Applicant in the confusing and misleading use of Applicant’s Mark, and will give color of rights to Applicant in violation of Opposer’s prior and superior rights in the DOPE Marks. WHEREFORE, Opposer respectfully requests that this Opposition be sustained and that the application for registration of Applicant’s mark be refused.

16 61464321.1 Respectfully submitted, July 10, 2018 ROBINS KAPLAN LLP

By: /s/ Alejandro Castro _ Attorneys for Opposer EPOD America, LLC

David Martinez Alejandro Castro 2049 Century Park East, Suite 3400 Los Angeles, CA 90067-3208 Tel: (310) 552-0130 Fax: (310) 229-5800 Email: [email protected]; [email protected]

17 61464321.1 CERTIFICATE OF SERVICE

I certify that on July 10, 2018, pursuant to Federal Rules of Civil Procedure, a true and correct copy of the foregoing document described as Notice of Opposition was served on the parties in this action by U.S. electronic mail addressed as follows:

Heather Dent; Jungjin Lee Trademark Lawyer Law Firm, PLLC Email: [email protected]

I declare under penalty of perjury that the foregoing is true and correct and that this document was executed on July 10, 2018, at Los Angeles, California.

July 10, 2018 ROBINS KAPLAN LLP

By: /s/ Alejandro Castro _ Attorneys for Opposer EPOD America, LLC

David Martinez Alejandro Castro 2049 Century Park East, Suite 3400 Los Angeles, CA 90067-3208 Tel: (310) 552-0130 Fax: (310) 229-5800 Email: [email protected]; [email protected]

18 61464321.1 INDEX OF EVIDENCE

EXHIBIT DESCRIPTION A Opposer EPOD America, LLC’s (“DOPE”) Registered DOPE Trademarks.

B DOPE’s online activity including evidence of use on prominent social media sites such as Instagram, Facebook and Twitter. Excerpts are advertisements for various goods including DOPE branded apparel and accessories.

C DOPE’s online and retail marketing.

Exhibit A REGISTERED DOPE TRADEMARKS

MARK REGISTRATION DATE OF SERVICES AND INTERNATIONAL CLASS NO. REGISTRATION AUDACITY 3,972,067 March 29, 2011 IC025 – Shirts. OF DOPE

DOPE 4,075,682 December 27, 2011 IC025 – men's and women's shirts, jackets, coats, wind resistant jackets, COUTURE shorts, and headwear.

DOPEST 4,264,389 December 25, 2012 IC025 – Hats; Pants; Sweatshirts; Swimwear; T-shirts; Tank tops.

DOPE 4,338,806 May 21, 2013 IC028 – Skateboard decks; Skateboards.

DOPE 4,387,143 August 20, 2013 IC014 – Body jewelry; Jewelry; Necklaces; Rings.

DOPE 4,403,067 September 17, 2013 IC025 – Hats.

DOPE 4,414,043 October 8, 2013 IC041 – On-line journals, namely, blogs featuring articles, commentary, pictures, and reviews covering various subjects including music, fashion, urban lifestyle, celebrities, technology, social events, news, travel, jewelry, interior design, fashion designers, photography, fashions models, cars, finance, company announcements, and new clothing and product releases; Providing a website featuring blogs and non- downloadable publications in the nature of articles, audio-visual content, and blog entries in the field(s) of articles, commentary, pictures, and reviews covering various subjects including music, fashion, urban lifestyle, celebrities, technology, social events, news, travel, jewelry, interior design, fashion designers, photography, fashions models, cars, finance, company announcements, and new clothing and product releases.

DOPE 4,414,044 October 8, 2013 IC025 – Hats; Shirts. COUTURE

DOPE 4,442,533 December 3, 2013 IC025 – Coats; Coats for men and women; Headwear; Jackets; Shirts; Shorts; Wind resistant jackets.

61445517.1 DOPE 4,529,585 May 13, 2014 IC035 – On-line retail store services featuring t-shirts, fleece apparel, headwear, hats, watches, jewelry, books, magazines, home goods, electronic accessories, buttons, pins, novelty goods, vintage clothing, backpacks, bags; Retail store services featuring t-shirts, fleece apparel, headwear, hats, watches, jewelry, books, magazines, home goods, electronic accessories, buttons, pins, novelty goods, vintage clothing, backpacks, bags.

DOPE 4,547,955 December 18, 2012 IC025 – Coats for men and women; Headwear; Jackets; Shirts; Shorts; Wind resistant jackets.

DOPEST 4,595,333 September 2, 2014 IC025 – Hats; Jackets; Pants; Shirts; Shoes; Shorts; Sweaters.

DOPE 4,651,455 December 9, 2014 IC025 – Headwear; Jackets; Leather jackets; Leather shirts; Shirts; HOMME Shorts.

DOPE 4,918,788 March 15, 2016 IC025 – Athletic apparel, namely, pants; Boxer shorts; Crew neck sweaters; Gym suits; Jogging suits; Socks; Sweaters; Swim trunks; Swim wear for gentlemen; V-neck sweaters; Women's clothing, namely, shirts, skirts.

Dope Sport 5,222,323 June 13, 2017 IC25 – Hats; Sweatpants; Sweatshirts; Wind resistant jackets.

Dope Denim 5,222,324 June 13, 2017 IC25 – Denim jackets; Denims; Hats; Sweatshirts; all of the foregoing comprised in whole or in part of denim.

61445517.1 ALLOWED SECTION 1(b) APPLICATIONS

MARK SERIAL NO. DATE OF SERVICES AND INTERNATIONAL CLASS APPLICATION DOPE 86660147 June 11, 2015 IC34 – Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Electric cigarettes; Electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Electronic cigars; Electronic hookahs; Electronic smoking pipes; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form used to refill electronic cigarette cartridges.

DOPE 86660157 June 11, 2015 IC34 – Smokers' articles, namely, smoking pipes in the nature of glass pipes, water pipes, water bongs, water bubblers, steam rollers, glass hookah pipes, dugouts, bongs, beakers, rigs and straight tubes; Smoking pipe structural parts, namely, pipe screens, ash catchers, converters, adapters, stems and bowls; Smokeless cigarette vaporizer pipe; Smokeless cigar vaporizer pipes; Electronic smoking pipes and titanium nails for use with tobacco products.

DOPE 86980958 June 11, 2015 IC34 – Ashtrays; cigarette papers, cigarette rolling papers and cigarette filters; tobacco tins; smoking tips, namely, tobacco filters; paper smoking tips, namely, filter tips; books of cigarette papers and cigarette rolling papers; books of cigarette papers and cigarette rolling papers with filter tips; apparatus for rolling cigarettes, namely, cigarette rolling machines; apparatus for filling cigarettes, namely, hand-held machines for injecting tobacco into cigarette tubes; cigarette boxes; cigarette lighters; cigarette paper tubes; cigarette paper tubes with filters; matches; safety matches; matchboxes; tobacco pouches; tobacco boxes; cigarette paper tubes incorporating filter tips; tapers, namely, a strip of wood used for lighting cigars, cigarettes, and pipes; and tobacco grinders.

61445517.1 Exhibit B

61445525.1

Exhibit C

61445523.1